Ten Facts You Need to Know About The United Nations General Assembly Resolution 2758

UNA China Website: https://www.unachina.org/en/article/1134 (English); https://www.unachina.org/article/1971 (Chinese)

There is but one China in the world, and Taiwan has been an inalienable part of China’s territory since ancient times. The seat of China in the United Nations (U.N.) has always represented the whole of China, including the Taiwan region. The adoption of the U.N. General Assembly (UNGA) Resolution 2758 in 1971 is a significant event in the diplomatic history of the People’s Republic of China (PRC), the history of the U.N., and the history of the post-World War II international relations. The resolution brooks no challenge to its legitimacy, validity, and authority.

1. What is UNGA Resolution 2758?

During the 26th UNGA session in 1971, Albania, Algeria and 21 other countries submitted the draft resolution to restore the lawful rights of the People’s Republic of China in the U.N. and to expel forthwith the representatives of the Chiang Kai-shek clique from the U.N. and all the organizations related to it. This resolution, adopted with an overwhelming majority, was UNGA Resolution 2758. The full text of the resolution reads as follows:

The General Assembly,
Recalling the principles of the Charter of the United Nations,
Considering that the restoration of the lawful rights of the People’s Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter,
Recognizing that the representatives of the Government of the People’s Republic of China are the only lawful representatives of China to the United Nations and that the People’s Republic of China is one of the five permanent members of the Security Council,
Decides to restore all its rights to the People’s Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.

1976th plenary meeting,

25 October 1971.

This resolution carries extensive and authoritative legal force, guiding and obligating all countries and international organizations to handle Taiwan-related issues in accordance with the one-China principle.

2. How did UNGA Resolution 2758 come about?

China’s status as a founding member of the U.N. and a permanent member of the Security Council was affirmed when the U.N. Charter was drafted in 1945. At that time, the official name of China was the Republic of China (ROC). In 1949, the Chinese people overthrew the ROC government, renamed the country the People’s Republic of China, and established the Central People’s Government of the People’s Republic of China. It was the replacement of the old government by the new one, while China, as a subject of international law, stayed unchanged; and China’s sovereignty and inherent territorial boundaries stayed unchanged. Thus, the government of the People’s Republic of China naturally and fully enjoys and exercises China’s sovereignty, including sovereignty over the Taiwan region.

According to international law, all rights of China at the U.N. should be enjoyed and exercised by the People’s Republic of China. In November 1949, Zhou Enlai, then Premier of the Government Administration Council of the Central People’s Government of the People’s Republic of China, sent a telegram to the U.N. Secretary General and the President of the fourth UNGA, stating that the reactionary government of the Chinese Nationalist Party had lost all legal and factual grounds to represent the Chinese people and demanding that the U.N. immediately revoke all rights of the delegation of the Government of the Republic of China to continue representing the Chinese people at the U.N.. However, the United States and some Western countries strongly obstructed it and deliberately set up obstacles, resulting in the prolonged illegal occupation of the seat by the Chiang Kai-shek clique. Hence, the People’s Republic of China carried out a long-term and arduous struggle to restore its lawful seat at the U.N..

With the growth of China’s comprehensive national strength and the evolving international landscape, there had been increasing international understanding and support for the just cause of restoring the lawful seat of the People’s Republic of China in the U.N.. Eventually, in 1971, Resolution 2758 was adopted at the 26th session of the UNGA, restoring the seat and all the rights of the People’s Republic of China in the U.N..

3. What is the relationship between UNGA Resolution 2758 and the one-China principle?

The core meaning of the one-China principle includes three aspects: there is but one China in the world, the Taiwan region is an inalienable part of China’s territory, and the Government of the People’s Republic of China is the sole legal government representing the whole of China.

The one-China principle is the premise and political foundation for UNGA Resolution 2758, while the resolution solemnly confirms and fully embodies the one-China principle. The resolution makes it clear that there is but one China in the world and that the Taiwan region is part of China, not a country. It affirms that China has one single seat in the U.N., and the Government of the People’s Republic of China is the only legitimate representative of the whole of China, including the Taiwan region. There is no such thing as “two Chinas” or “one China, one Taiwan.”

After the adoption of Resolution 2758, all official U.N. documents referred to Taiwan as “Taiwan, Province of China.” It was clearly stated in the official legal opinions of the Office of Legal Affairs of the U.N. Secretariat that “the United Nations considers ‘Taiwan’ as a province of China with no separate status” and the “‘authorities’ in ‘Taipei’ are not considered to ... enjoy any form of government status.” This has been the consistent position of the U.N. and is clearly documented.

The adoption of Resolution 2758 had a wide-reaching and profound political impact on the practice of international relations. It effectively made the one-China principle a basic norm of international relations and a prevailing consensus in the international community. To date, 183 countries have established and developed diplomatic relations with China on the basis of the one-China principle.

4. What is the relationship between UNGA Resolution 2758 and international legal documents such as the Cairo Declaration and the Potsdam Proclamation?

In terms of affirming the one-China principle, UNGA Resolution 2758 is consistent with the spirit of international legal documents such as the Cairo Declaration and the Potsdam Proclamation.

On December 1, 1943, the governments of China, the United States, and the United Kingdom issued the Cairo Declaration, stating that it was their purpose to have all territories Japan had stolen from China, such as Northeast China, Taiwan and the Penghu Islands, restored to China. On July 26, 1945, the Potsdam Proclamation, signed by the same three countries and subsequently joined by the Soviet Union, reiterated that “the terms of the Cairo Declaration shall be carried out.” In September 1945, Japan signed the Japanese Instrument of Surrender, pledging to “carry out the provisions of the Potsdam Proclamation in good faith.” These international legal documents including Cairo Declaration, the Potsdam Proclamation and the Japanese Instrument of Surrender all confirmed China’s sovereignty over the Taiwan region. These documents are the great achievements of the World Anti-Fascist War and serve as the legal cornerstone of the post-war international order.

5. The terms “Republic of China” and “Taiwan” did not appear in UNGA Resolution 2758. Does it mean the resolution has nothing to do with Taiwan?

The “government of the Republic of China” was an overthrown regime and hence no longer the legitimate government of China. It could not represent China, a sovereign state, in the international community. Therefore, the term “representative of the government of the Republic of China ” must not be used in UNGA Resolution 2758 adopted in 1971.

The U.N. is an international organization of sovereign states, and accepts only representatives from such states. Since Taiwan is part of China, not a sovereign state, the U.N. Charter does not allow representatives in the name of Taiwan to be sent to the U.N. Thus, the phrase “expelling the representatives of the Taiwan authorities” must not be used either.

Given that the Taiwan region then was under the control of the defeated Chiang Kai-shek clique, the resolution used the expression “the representatives of Chiang Kai-shek” instead. This is a precise and accurate legal wording.

On the day of the vote on Resolution 2758, Chiang Kai-shek’s representative also acknowledged in statement that other countries “have stressed the fact that Taiwan is Chinese territory,” and “on this I cannot agree with them more.”

6. Resolution 2758 recognizes that “the representatives of the Government of the People’s Republic of China are the only lawful representatives of China to the United Nations.” What does “the only lawful” mean? 

According to international law, a sovereign state can only be represented by a single central government. The resolution makes it clear that there is only one seat for China in the U.N., namely, the People’s Republic of China, and that there is only one China in the world, so there is no such thing as “two Chinas” or “one China, one Taiwan.” The Government of the People’s Republic of China rightfully enjoys and exercises full sovereignty over China, including sovereignty over Taiwan.

7. Resolution 2758 decides “to expel forthwith the representatives of Chiang Kai-shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.” Why is the occupation of the seat unlawful?

Although the Kuomintang ruling clique continued to use “Republic of China” and “government of the Republic of China” after retreating to Taiwan in 1949, it had long lost its right to exercise state sovereignty on behalf of China. The so-called “government of the Republic of China” after 1949 was totally different from the “government of the Republic of China” in 1945 when the U.N. Charter was signed, and no longer had the right to represent China in the U.N. Therefore, the Chiang Kai-shek clique’s continued occupation of China’s seat in the U.N. after the founding of the People’s Republic of China in 1949 was unlawful.

8. The U.S. and some other countries tried to obstruct the voting process of Resolution 2758, but ultimately failed. What had happened?

Before 1971, the People’s Republic of China had been fighting hard to regain its lawful seat in the U.N. for 22 years. One major obstacle was the obstruction of the U.S. and some other Western countries.

At the time when the 26th session of the U.N. General Assembly opened in September 1971, there was prevailing support for the seat of the People’s Republic of China to be restored. But the U.S. did not give up and still attempted to stop the process. It put up two hurdles. One was the Important Question draft resolution, which declared that any proposal to deprive Chiang Kai-shek’s representatives would require a two-thirds supermajority for approval. The other was the Dual Representation draft resolution, which confirmed the representation of the People’s Republic of China in the United Nations but also retained the representation of “the Republic of China,” essentially trying to create “two Chinas” in the U.N. The Important Question draft resolution was vetoed. The General Assembly then passed Resolution 2758. The Dual Representation draft resolution failed to go to the vote and was dismissed. At that time, the representative of Malaysia stated that “the question facing the General Assembly is neither one of the admission of a new Member State nor of the expulsion of an existing Member.” “The question is one of representation, that is to say, who should occupy China’s seat in the U.N.” The representative of Zambia pointed out that “the representatives of the Chiang Kai-shek regime, who were rejected and expelled by the Chinese people, in no way represent China in the U.N. and, consequently, their presence in the U.N. must be considered illegal.” The representative of Yemen stated that “the United States of America, with its imperialist policy, has imposed the Chiang Kai-shek clique on the U.N. as the representatives of China, for more than 20 years, ignoring the real representatives of China and its great people.” The representative of Singapore stated, “It is up to the Chinese people to decide the status of Taiwan in the U.N.” The representative of Austria also noted that “as regards Taiwan ... a government exists there which is in fact in control of that island, but does not represent China.”

The whole process leading to the adoption of Resolution 2758 speaks volume for the irreversible trend of the international community to uphold the one-China principle. This is not only a victory of the Chinese people, but also a victory of people around the world against hegemonism and power politics.

9. Why does challenging Resolution 2758 amount to a challenge to the post-World War II international order and the authority of the U.N.?

Resolution 2758 clearly states that “recalling the principles of the Charter of the United Nations,” “the restoration of the lawful rights of the People’s Republic of China is essential both for the protection of the Charter of the United Nations and for the cause that the United Nations must serve under the Charter.” This reflects the resolution’s clear position on upholding the authority of the United Nations. The United Nations is at the center of the post-World War II international order. The restoration of the People’s Republic of China’s lawful seat in the U.N. marked the return of the Chinese people, or one-fourth of the world’s population, back to the stage of the U.N. This is of great, far-reaching significance both to China and the world. Any attempt to challenge Resolution 2758 constitutes not only a challenge to China’s sovereignty and territorial integrity, but also a challenge to the authority of the U.N. as well as the post-World War II international order. Flagrantly reversing the course of history is absurd and highly dangerous.

10. Why do some politicians from the U.S. and other countries keep distorting and challenging Resolution 2758 and reopen settled issues?

The U.S. and some other countries, by distorting and challenging Resolution 2758, want to rehash the fallacy that “Taiwan’s status is undetermined” and thereby pave the way for Taiwan to seek “international space.” Their ultimate agenda is to obstruct the realization of China’s complete reunification and national rejuvenation through the strategy of “using Taiwan to contain China.” This is just another example of the U.S. pursuit of unilateralism and power politics, and its trampling of the basic norms of international relations. This once again lays bare the double standards of the U.S. on basic principles such as national sovereignty and noninterference in internal affairs.

Taiwan has been an inalienable part of China’s territory since ancient times. Taiwan has never been an independent country, not in the past,not at present and still less in the future. The question of Taiwan’s status was fundamentally resolved in 1945, when the Chinese people won the great victory of the War of Resistance Against Japanese Aggression. This victory was won by the Chinese people including our Taiwan compatriots through hard-fought battles and great sacrifices. It shall by no means be undermined by the false narratives of some Western politicians.

Although the two sides of the Taiwan Strait are yet to be fully reunified, China’s sovereignty and territory have never been and shall never be divided. The status of Taiwan as a part of China’s territory has never changed and shall never change. Attempt to turn back the wheel of history and separate Taiwan from China once again will never be accepted by the 1.4 billion Chinese people or supported by the international community.